Santai-Gaffney‘s Supreme Court application is based on the argument that the court’s January order putting on hold temporarily a federal judge’s decision striking down the ban on same-sex marriage in Utah “signaled to all lower federal courts” that they must act “to preserve the enforcement of man-woman marriage laws” until the Court rules on the constitutionality of state bans on same-sex marriage.

Santai-Gaffney’s petition can only continue if Justice Samuel A. Alito or a Supreme Court majority allows her to intervene . Alito can also seek a response from challengers of the Pennsylvania ban before acting on the clerk’s application.

Read the Third Circuit Court of Appeals’ ruling on Santai-Gaffney’s petition to appeal the decision striking down Pennsylvania’s same-sex marriage ban, AFTER THE JUMP…